RPM trying to collect a fake debt
Complaint
JP
Country: United States
On 4 Apr 08 I got a call from Receivables Performance Management (RPM) claiming that I owe $85 on a Verizon account from 2000. I know that I’ve never had a Verizon account, and that my phone account from 2000 (I forget which company) was paid properly. So I told the RPM rep that they were full of s**t, and that I wanted written proof that this debt is actually mine. They had the last 4 of my SSN and tried to pass that off as “proof” that their info was legitimate. I still didn’t fall for it and asked for everything in writing.
Fortunately I have records that go back that far. I also called Verizon to confirm that they don’t have any account information with my name on it. Surprisingly they have no record of me ever having an account with them. I then went online to find out if RPM is some sort of scam. They are a “legitimate” company, yet seem to be practicing what I would describe as predatory debt collection, or legal extortion. Unfortunately, there is not much information on the internet yet about RPM. However, there is a lot of information about AFNI, who seem to be doing the same thing.
So, after I found this web page, and read all of the information about AFNI, I downloaded the FDCPA and FCRA and read them. I’m sending RPM a letter in accordance with the FDCPA. I’m also sending the letter to my state’s AG and the WA state AG. (RPM is located in Bothell WA.) I also checked all of my credit reports to make sure that nothing has been placed on them. I’ll continue to monitor my credit reports very closely for the next few months. As this develops I’ll update this comment.
I’m considering contacting a lawyer to see if what RPM is doing is in any way actually extortion. It’s a crime that the max penalty under FDCPA and FCRA is only $1000 or actual damages. Obviously that small amount isn’t enough of an incentive to keep these companies from violating the law. I’m also going to contact my Congressmen about this. Maybe if enough of us complain the law can get changed?
Oh, and a huge thanks to the poster on this site TJ! His information and advice was invaluable!!
Fortunately I have records that go back that far. I also called Verizon to confirm that they don’t have any account information with my name on it. Surprisingly they have no record of me ever having an account with them. I then went online to find out if RPM is some sort of scam. They are a “legitimate” company, yet seem to be practicing what I would describe as predatory debt collection, or legal extortion. Unfortunately, there is not much information on the internet yet about RPM. However, there is a lot of information about AFNI, who seem to be doing the same thing.
So, after I found this web page, and read all of the information about AFNI, I downloaded the FDCPA and FCRA and read them. I’m sending RPM a letter in accordance with the FDCPA. I’m also sending the letter to my state’s AG and the WA state AG. (RPM is located in Bothell WA.) I also checked all of my credit reports to make sure that nothing has been placed on them. I’ll continue to monitor my credit reports very closely for the next few months. As this develops I’ll update this comment.
I’m considering contacting a lawyer to see if what RPM is doing is in any way actually extortion. It’s a crime that the max penalty under FDCPA and FCRA is only $1000 or actual damages. Obviously that small amount isn’t enough of an incentive to keep these companies from violating the law. I’m also going to contact my Congressmen about this. Maybe if enough of us complain the law can get changed?
Oh, and a huge thanks to the poster on this site TJ! His information and advice was invaluable!!
Comments
When you are being harassed over an alleged debt, particularly one you do not owe, there really is no reason to put up with it.
The debt collection industry takes it for granted that they can get away with lying and cheating, that "it's OK since they are only lying to deadbeats to get the money they owe", but what the writers of the FDCPA recognized is that any debt collector that would deceive or abuse a debtor will also do the same to anyone else they contact, even "by mistake".
FDCPA makes no distinction between violations committed based on whether the alleged debt is owed or not.
The question now before the Missouri Court of Appeals is whether or not the State of Missouri Attorney General has the authority to protect these consumers.
I certainly hope the Court rules in favor of Missouri consumers. No idea if RPM is one of the companies the Missouri AG is after or not, but they should be.
Never give up folks. Never let up. And to Polus, George, and the other slugs at RPM? Look over your shoulder MF'rs! JUSTICE IS COMING!
Montana Attorney General just settled with NCS over questionable old movie rental accounts from bankrupt Hollywood Video.
www.stopthecriminals.com
Sign the petition for reform of debt collection practices if you so desire. Interesting proposals. Increase in penalty to $10K. Make debt collectors cease attempts to collect if statute of limitations has expired. Many more.
www.stopcollector.com
Read about the most egregious practice of one debt collector who ordered her staff to go after active duty people. Harass them. Call their Cos. Threaten them with lawsuits. Dishonorable Discharge. Intimidation.
Although I could find nothing RPM specific, nonetheless, we are dealing with slime balls here people!
And you'll need to click on "Blog" on second link, as it refreashes with new info.
With apologizes...
What I do not understand is, I wanted to pay. I wanted to settle. They just had to give me proof of their existence and wait 14 days for the money to enter my account. I had been contacting my debtor for the last 4 years trying to pay this debt. My credit is fuhbahred, I am an honest, educated, hard working person. I want so badly to move away from this and these people could nit take YES fo an answer. Do they enjoy bullying?????
Please send me my agreement in writing with your letterhead, the official and last agreed upon settlement. I will then take it to my Attorney, for whom will bring it to the original debtor. Once all is confirmed, I will pay the agreed amount and follow up on your end to insure all credit agencies have received the proper information and legal letters from your company as well as the original debtors.
As for now, I have a real job. This job is amazing! I have worked for this company for 15 years. I have taken pay cuts while my Husband has lost his job and 1/3 of our income, due to the economy. I want to pay you, I do. You are not the original debtor, you are some angry middleman getting his kicks off my mini heart attacks. Follow all legal and financial procedures and we could have a beautiful, professional relationship.
Sincerely,
PISSED OFF
With this bunch, it is probably not safe to even pay them money, without working through your attorney and getting validation of the debt.
By the way, if you referred them to your attorney as representing you in this matter, it is a violation of FDCPA for them to continue to call you instead rather than working through your attorney.
As for their BS about insufficient funds and alleged "fraud", it sounds like they tried to run through unauthorized charges, or at least in advance of the date you had authorized them to charge your account.
Their allegation of "fraud" is pure bunk, a threat to attempt to intimidate you into paying faster. Checks presented to buy something that deliberately bounce may be a crime since they are "payment for value", i.e. you bought something, but paying a debt, or bouncing a check to pay one, is not "payment for value", since the creditor is no worse off than they were before the charge failed to go through. If they don't get the money, you still owe it (assuming you originally owed it). In addition, in this case it appears it bounced because of their illegal attempt to ram it through early. FDCPA prohibits submitting post-dated checks (or the equivalent phone authorizations) ahead of the authorized date.
"Do they enjoy bullying?"
Yes. Apparently, they enjoy it even more than getting paid.
...If they are checking credit reports, then why would they be mailing notices to OLD addresses?!
Let's see if they like what's coming next!
You might try www.naca.net
Zane, did I quote that correctly? I'm praying I didn't, because my personal experiences with Receivables Performace Management, including tape recorded conversations, is completely different. The notices, or dunning letters, they have sent to me were to an address theat I haven't lived at in ten years, and wasn't even associated with the account in question. With information like that, they are hard to take seriously, wouldn't you agree?
The number one complaint was against debt collectors! No surprise there! These slugs operate with complete and total disdain for the law.
I have not received any statements from Verizon showing any balances, and fortunately I have kept all my documentation....
RPM has a history of complaints indicating that they "erroneously" call the wrong people, both those with different names and those with similar names to some old account, and that they harass people and may attempt to deceive them into paying unowed debts.
It is quite possible that they may be claiming you owe some debt you do not owe, either by misidentifying you, or through an error by Verizon.
You cannot trust unsupported claims made by debt collectors over the phone, as many will lie to get money even when they have not verified alleged debts with the original creditor. Contact Verizon directly to verify that your account has no balance due.
Send a dispute and validation request letter to RPM, demanding that they send you proof from the original creditor that you owe the alleged debt. Mail it certified, return receipt requested, so you have proof of receipt. Send this letter immediately, since if you mail it within 30 days of receiving their first letter, they are required to cease all debt collectino activity until they obtain and send validation.
If they continue to harass you or damage your credit over an unowed debt, and in particular, if they continue to demand payment after receiving your letter without providing any proof, file complaints with FTC, your state Attorney General, and the Washington Attorney General. Then find a consumer attorney willing to take the case on contingency, to pursue damages for violations of FDCPA and/or FCRA. You might try www.naca.net